HomeMy WebLinkAboutOrdinance No. 09-1803
CITY OF THE COLONY
ORDINANCE NO. 09-1803
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING OF THE CODE OF ORDINANCES, CHAPTER 14, PARKS
AND RECREATION, SECTION 14.1, DEFINITION, BY AMENDING THE
DEFINITION FOR PARK AND VEHICLE AND PROVIDING A
DEFINITION FOR PERSONAL MOBILITY DEVICE, SHORELINE
TRAIL AND TRAIL; BY AMENDING SECTION 14-5, DRIVING AND
PARKING VEHICLES, TO ESTABLISH SUBSECTIONS; AND BY
AMENDING SECTION 14-6, UNLAWFUL ACTS, BY AMENDING
SUBSECTIONS (3), (5), (6), (7), (9), (10), AND (25) AND BY ADDING
SUBSECTION (c) PERMITTING RESIDENTS OF PROPERTY
ADJACENT TO THE TRAIL SYSTEM WITHIN THE CORP PARKLAND
AND SHORELINE TO CROSS THE TRAIL DURING NON DAYLIGHT
HOURS WHEN THE TRAIL SYSTEM IS CLOSED; PROVIDING FOR
ENFORCEMENT; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT
TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH AND
EVERY OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 14 of The City of The Colony Code of Ordinances provides for the
Parks and Recreation Department of the City; and
WHEREAS, after review, the City has determined that certain sections of Chapter 14
should be amended to provide clarity and updated provisions; and
WHEREAS, the City Council hereby finds that Chapter 14 should be amended as
provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY:
SECTION 1. That the Code of Ordinances shall be and the same is hereby amended by
amending Chapter 14, PARKS AND RECREATION, Section 14. 1, Definition, by amending the
definition for park and vehicle and by providing a definition for personal mobility device,
Section 14-5, Driving and parking vehicles, by establishing subsections, and amending Section
14-6, Unlawful Acts, by amending Subsections (3), (5), (7), (9), (10), (19), (22) and (25), and
adding subsection (c) to provide for property owners adjacent to the trail system to cross the trail
during hours when the trail is closed, which shall read as follows:
"Chapter 14
PARKS AND RECREATION
Sec. 14-1. Definitions.
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Park: Any city owned or operated real property and any improvements
located thereon as a park, reservation, playground, recreation center, trail systems
and land appurtenance thereto, or any area in the city owned property or property
used by the city, and devoted to active or passive recreation, including all planted
medians, parkways, triangles and traffic circles maintained by the city.
Personal Mobility Device: A device motorized or powered by human
power to provide assistance to a person with an ambulatory disability, as defined
under § 681.001 (2), TEX. TRANS.CODE.
Special event
Shoreline Trail: Shall mean that portion of the city trail system that
is contained within the Army Corp of Engineer Property adjacent to and
contiguous to Lake Lewisville.
Trail: A publicly owned or maintained trail/path system, including
trailheads as defined in the parks and recreational master plan for use by
pedestrians and cyclists using non motorized bicycles
Vehicle: highway, roadway or public road. The term does not include:
(4) A person with a disability mobility device.
(5) A vehicle in the service of the city or a public utility.
Sec. 14-5. Driving and parking vehicles.
(a) It shall be a violation for any person to operate a vehicle in violation
of this section. No vehicle shall be driven over or across the curbs, sidewalks,
grass or lawn within any park, except in areas designated as driveways and
parking areas.
(b) Parking shall only be in areas designated; all parking ....last parked
vehicle in line.
(c) No vehicles shall be Where a vehicle is parked or unattended in
violation vehicle cannot be found, the city many move, tow or remove the
vehicles.
Sec. 14-6. Unlawful acts.
(a)
(3) To BB guns, paintball gun, bow and arrows, .
(5) To cut, excavate or remove
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(6) To swim any, fountain, pond, or stream.
(7) To make, kindle or maintain a fire
(9) To leave garbage, cans, bottles, papers or other refuse except in a
designated receptacle.
(10) To a public nuisance.
(19) For any person in any athletic complex and trails in the city, .
(22) To smoke athletic complexes and trails except in designated areas.
(25) To ride or operate except on areas designated.
(b) Notwithstanding any other provision of this article, no person shall operate
any motorized vehicle, except a personal mobility device, upon any trail system.
(c) The trails or trail system shall be closed during non-daylight hours, unless a
trail is lighted, or is within the shoreline trail system, except a resident of
property which is adjacent to the trail system within the Corp parkland and shore
line of Lake Lewisville may cross or access the trail in order to access said
shoreline adjacent to their property.
SECTION 2. That all ordinances of the City of The Colony, Texas in conflict with
the provisions of this ordinance be and the same are herby repealed and all other ordinances
of the City of The Colony, Texas not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 4. This Ordinance shall become effective from and after its date of passage in
accordance with law.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THIS _ja_ day of 2009.
John Dillard, Mayor
ATTEST:
Ch 'she ilson, City Secretary
APPROVE AS TO FORM:
Robert E. Hager, Ci Attorney
(REHlcdb 03/04109)
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